- Latest available (Revised)
- Point in Time (08/07/2021)
- Original (As made)
Version Superseded: 20/09/2021
Point in time view as at 08/07/2021.
There are currently no known outstanding effects for the The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 4) Regulations 2021.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Scottish Statutory Instruments
Public Health
Approved by the Scottish Parliament
Made
at 11.30 a.m. on 7th July 2021
Laid before the Scottish Parliament
at 2.30 p.m. on 7th July 2021
Coming into force
at 4.00 a.m. on 8th July 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 94(1)(b)(i) and 122(2) of the Public Health etc. (Scotland) Act 2008 M1, and all other powers enabling them to do so.
In accordance with section 122(6) of that Act, the Scottish Ministers consider that these Regulations need to be made urgently, without a draft having been laid before, and approved by resolution of, the Scottish Parliament.
Marginal Citations
1. These Regulations may be cited as the Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 4) Regulations 2021 and come into force at 4.00 a.m. on 8 July 2021.
Commencement Information
I1Reg. 1 in force at 8.7.2021 at 4.00 a.m., see reg. 1
2.—(1) The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 M2 are amended in accordance with this regulation.
(2) After regulation 3(4)(c) (requirement to provide information) M3, insert—
“(ca)a member of the family forming part of the household of a person falling within paragraph 1A of schedule 2,”.
(3) In regulation 5A(4)(b) (requirement to possess notification of negative test result) M4—
(a)after “paragraph” insert “ 1A, ”,
(b)after “4E,” insert “ 4EA, ”.
(4) In regulation 5C (testing following arrival in Scotland: general) M5—
(a)before paragraph (1)(b)(i), insert—
“(ai)paragraph 1A (specified persons on official business),”,
(b)before paragraph (1A)(a), insert—
“(za)paragraph 1A (specified persons on official business),”.
(5) After regulation 5K(1)(c) (exclusion of certain diplomatic etc. personnel) M6, insert—
“(d)a specified person travelling to the United Kingdom to conduct official business with the United Kingdom, where—
(i)P was invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and
(ii)prior to P's departure to the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with regulations 5D to 5J,
(e)a member of the family forming part of the household of a person to whom sub-paragraph (d) applies, where—
(i)the Foreign, Commonwealth and Development Office has been notified of P's arrival, and
(ii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulations 5D to 5J.”.
(6) After regulation 7(1)(c) (persons not required to comply with regulation 6) M7, insert—
“(cza)any person described in paragraph 1A of schedule 2 (specified persons on official business),”.
(7) In schedule 2 (persons not required to comply with regulations 3, 5A or 5D to 6B)—
(a)after paragraph 1 (representatives of international or foreign organisations), insert—
“1A.—(1) A specified person who has travelled to the United Kingdom to conduct official business with the United Kingdom, where—
(a)the person was invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and
(b)prior to the person's arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person that they are travelling to the United Kingdom to conduct official business and are not required to comply with regulation 6 (requirement for travellers to stay in specified premises).
(2) In this paragraph—
“government policy priority” means government policy which has been designated as such by the Foreign, Commonwealth and Development Office, and includes, in particular—
policy related to the promotion and protection of human rights, and
policy related to the mitigation of, or adaptation to, climate change,
“specified person” means a person who—
is a member of the democratic opposition in a foreign country or territory,
is a member of a political party in a foreign country or territory, or
undertakes activities in a foreign country or territory that support a government policy priority.”.
(b)after paragraph 4E (aircraft crew) M8, insert—
“4EA. An in-flight security officer who has travelled to the United Kingdom in the course of their work and is deployed pursuant to an international agreement to which the United Kingdom is a party.”.
(c)in paragraph 38(2) and (3) (sportspersons, etc.) M9, omit “Tokyo or Beijing” and “to be held in Birmingham” in each place where they occur.
Commencement Information
I2Reg. 2 in force at 8.7.2021 at 4.00 a.m., see reg. 1
Marginal Citations
M2S.S.I. 2020/169, last amended by S.S.I. 2021/256.
M3Regulation 3(4) was relevantly amended by S.S.I. 2020/474.
M4Regulation 5A was inserted by S.S.I. 2021/20.
M5Regulation 5C was inserted by S.S.I. 2021/74 and relevantly amended by S.S.I. 2021/208.
M6Regulation 5K was inserted by S.S.I. 2021/74.
M7Regulation 7(1) was relevantly amended by S.S.I. 2020/184.
M8Paragraph 4E was inserted by S.S.I. 2020/209 and was substituted by S.S.I. 2021/34.
M9Paragraph 38 was inserted by S.S.I. 2020/209 and was amended by S.S.I. 2020/280, S.S.I. 2020/326, S.S.I. 2020/431, S.S.I. 2021/74, S.S.I. 2021/158 and S.S.I. 2021/237.
3.—(1) The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 M10 are amended in accordance with this regulation.
(2) After regulation 6(2)(b) (requirement to ensure passengers have completed a passenger locator form) M11, insert—
“(c)who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation.”,
(3) After regulation 7(3)(a) (requirement to ensure passengers possess notification of negative test result), insert—
“(aa)who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation,”.
Commencement Information
I3Reg. 3 in force at 8.7.2021 at 4.00 a.m., see reg. 1
Marginal Citations
M10S.S.I. 2021/20, last amended by S.S.I. 2021/158.
M11Regulation 6(2) was relevantly amended by S.S.I. 2021/74.
MAREE TODD
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations amend the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (“the International Travel Regulations”) and the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021.
Regulation 2(3)(a), (4) to (6) and (7)(a) amends the International Travel Regulations to make provision for persons who have been invited to travel to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs to conduct official business. The effect of the amendments is that such persons are not required to comply with regulation 5A (requirement to possess notification of negative test result) of the International Travel Regulations. Such persons are also not required to comply with regulations 5D to 5J (testing following arrival in Scotland) or regulation 6 (requirement to stay in specified premises) of those Regulations, where the Secretary of State has confirmed so in writing to the person.
Regulation 2(3)(b) and (7)(b) amends the International Travel Regulations to make provision for in-flight security officers. The effect of these amendments is that in-flight security officers who have travelled to the United Kingdom in the course of their work are not required to comply with regulation 5A (requirement to possess notification of negative test result), regulations 5D to 5J (testing following arrival in Scotland) or regulation 6 (requirement to stay in specified premises) of those Regulations.
Regulation 2(7)(c) amends paragraph 38 of schedule 2 of the International Travel Regulations (persons not required to comply with certain regulations) to omit the references in that paragraph to the host cities of the next Olympic, Paralympic and Commonwealth Games. The effect of these amendments is that the existing exception provided for by paragraph 38 of schedule 2 is extended to cover sportspersons competing for the right to qualify for any future Olympic, Paralympic or Commonwealth Games.
Regulation 3 amends regulations 6 and 7 of the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 to provide that the duties for operators to ensure passengers have completed a Passenger Locator Form and possess notification of a negative test result do not apply in relation to a passenger who is lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: